New York Employees Right to Vote in the Upcoming Election

With the election right around the corner on Tuesday, November 3, many Americans are eager to cast their votes.  Before rushing to the polls, New Yorkers should be aware The State has once again amended Section 3-110 of the New York State Election Law.[i]  Employees are now entitled to only two hours of paid time to vote – as compared to four hours prior to the amendment — and only if the employee does not have sufficient time to vote.

So, what does it mean to have “sufficient time” to vote?  Under New York State Law, an Employer is not required to provide employees with paid voting leave if he or she has four consecutive non-work hours between their shifts and the opening and closing of the polls to vote.

This may seem a little confusing, but thankfully, the State Board’s Time off to Vote FAQs provide an example for further clarification.  If an employee is scheduled to work from 9 a.m. to 5 p.m. and the polls are open from 6 a.m. to 9 p.m. – then – the employee is not eligible for paid time off to vote.  This is because the polls are open for four consecutive hours after the employee’s shift ends at 5 p.m.  However, if for example, an employee is scheduled to work from 9 a.m. to 6 p.m., and the polls are open from 6 a.m. to 9 p.m. – then – the employee is eligible for paid time off to vote.  This is because the employee only has three consecutive hours off in the before and after their shift to reach the polls.  If you don’t have four consecutive hours between when the polls open and the start of your shift or four consecutive hours from the end of your shift and the closing of the polls that means you don’t have “sufficient time” to vote and may take up to two hours of paid leaving during work  in order to do so.

Please note that an employee is still required to notify their employer at least “two working days” but no more than 10 days before the election that he or she intends to take paid time off to vote.  The State Board’s FAQs clarifies that two working days means two days that succeed each other, excluding Sundays and holidays. Since the term “working days” may vary depending on the occupation, “working days” mean any day that the employer is operating and/or open for business.

Under the amended New York Voting Law, employers are still required to “post conspicuously in the place of work where it can be seen as employees come or go to their place of work,” until the close of the polls on election day.[ii]  As a result of Covid-19, “posting conspicuously” in the work place might not come so easy as it may have been in the past.  The Board does not address if any electronic methods of posting or whether the leave provision is applicable to employees working remotely.

If your employer fails to or otherwise refuses to provide you with paid time off to vote, an employer concerned with how to comply, or have any questions regarding New York’s Voting Law, we encourage you to contact Borrelli & Associates, P.L.L.C. immediately at (516) 248–5550 to schedule a consultation.

[i] https://www.elections.ny.gov/electionlaw.html

[ii] https://www.nysenate.gov/legislation/laws/ELN/3-110